(2) The amount of the annual fee required under subsection (1) of this section shall be determined in the following manner:
(a) Subject to the adjustment required under this paragraph, for a project producing more than 123.5 theoretical horsepower each holder shall pay an amount equal to a base rate of $0.687 per theoretical horsepower covered by the water right for the holder’s hydroelectric project. The annual fee may be set forth in the water right or may be established by order of the Water Resources Director. The Water Resources Commission shall annually adjust the fee established in this paragraph based on the Consumer Price Index for All Urban Consumers, West Region (All Items), as published by the Bureau of Labor Statistics of the United States Department of Labor, using a base date of January 1, 2021. The annual fee also may be adjusted through the periodic review process established in ORS 543.085.
(b) Each holder of a hydroelectric project that produces 15 or more theoretical horsepower but not more than 123.5 theoretical horsepower shall pay an annual fee of $50 for that project.
(c) Each holder of a hydroelectric project that produces less than 15 theoretical horsepower shall pay an annual fee of $15 for that project.
(d) The amount of theoretical horsepower upon which the fees are paid must be computed by multiplying the maximum amount of water appropriated, expressed in cubic feet per second, by the average total fall utilized, expressed in feet, and dividing the number resulting from the multiplication by 8.8.
(e) For a project that diverts water from a point on a river that forms a border with another state, the fee computation described in paragraph (d) of this subsection may not use as the maximum amount of water appropriated more than half of the capacity of the project. [1999 c.873 §5; 2021 c.516 §2]
Note: Sections 2a and 2b, chapter 516, Oregon Laws 2021, provide:
Sec. 2a. Exception to annual fee for hydroelectric project. Notwithstanding ORS 543.078 (2)(a), a holder of a hydroelectric project shall pay $0.48 per theoretical horsepower for a project producing more than 123.5 theoretical horsepower if:
(1) The project is not exempt from relicensing under ORS chapter 543A; and
(2) The holder has not received either:
(a) A final order described in ORS 543A.130 that approves an application for reauthorization of a water right or license; or
(b) A new license issued by the Federal Energy Regulatory Commission on or after the effective date of this 2021 Act [September 25, 2021] to replace an original license issued by the commission. [2021 c.516 §2a]
Sec. 2b. Section 2a of this 2021 Act is repealed on December 31, 2023. [2021 c.516 §2b]